House of Lords Journal Volume 6: 14 June 1643

DIE Mercurii, 14 die Junii.

PRAYERS.

Earl of Manchester, Speaker.

Lady Crispe, a Pass.

Ordered, That the Lady Crispe shall have a Pass, to go to Oxford, to her Husband, who is sick there, with a Coach and Four Horses, and Two Servants.

The Messengers return with this Answer from the House of Commons:

That they will send an Answer, by Messengers of their own, touching the Petitions.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Sir Thomas Barrington; who brought up an Ordinance to correct and regulate the Abuse in Printing; wherein they desire their Lordships Concurrence. (Here enter it.)

The said Ordinance was read, and Agreed to.

The Answer returned to this Message was:

Answer.

That their Lordships do Agree to this Ordinance for regulating Printing.

Ordered, That this Ordinance shall be printed and published forthwith.

Mr. Ash, to be One of the Assembly.

Ordered, That Mr. Ash shall be put into the Ordinance of the Assembly, to be One of the Divines that shall sit in that Assembly, in the room of Mr. Josias Shute, lately dead since the Passing of the Ordinance.

Capt. Washborne to restore Lord Conway's Horses, and to attend a Committee about it.

Ordered, That Captain Washborne, who took away the Lord Viscount Conway's Horses, shall presently restore the Horses, and appear before these Lords following, at Three of the Clock this Afternoon, to shew by what Authority he took away the said Horses:

The Earls of Northumb.
Pembrooke,
Sarum,
Holland,
Bedford,
Clare,
The Lord Howard, and
The Lord Lovelace,

Message to the H. C. for Mr. Ash to be One of the Assembly.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Aylett:

To let them know, that their Lordships received Information this Morning that Mr. Shute is dead, being One of the Divines appointed to be of the Assembly; and their Lordships offer Mr. Ash of St. Bride's, to be appointed in his Place; and, if the House of Commons do approve of it, Summons shall issue out, to give him Notice of it.

Earl of Portland's Goods not to be removed.

Withers sent for, for taking them away.

Upon Information, "That one Mr. Withers is carrying (fn. 1) away the Goods of the Earl of Portland:" Hereupon this House Ordered, That the Goods of the Earl of Portland shall not be removed out of his House, until the Pleasure of this House be further known; and that the said Anthony Withers shall be brought before the Lords in Parliament presently, to answer the same.

Latch and Vernatti.

Next, the Cause between Mr. Latch and Sir Phillip Vernatti was heard.

The Counsel on Mr. Latche's Part was heard, to open the Business.

The Certificate of the Auditors was read, "That it appeared unto them, that there was due unto Mr. Latch, from Sir Philibert Vernatt, Forty-six Thousand and odd Hundred Pounds, for which Annuities were made to Mr. Latch, from Sir Phillibert, and a Bond of One Hundred Thousand Marks to Mr. Latch, for due Payment of the Annuities, &c."

Next, was read a Paper of Sir Thomas Dawes, to signify, "That he submits to the Order and Judgement of the Lords, touching the Bond of One Hundred Thousand Marks, so that the same may stand good unto him for the Satisfaction of the Eleven Hundred Pounds, with Interest, advanced by Sir Abraham Dawes, and of all other Monies that shall appear to be due, from Sir Phillibert Vernatti and Mr. John Latch, or either of them, to the Estate of Sir Abraham Dawes; and that he may have Priority of Payment of all such Monies; and, after such Payment made to him, the Remainder to Mr. Latch."

Their Lordships, having considered the whole Business, Declared, That the Bond entered into by Sir Phillip Vernatti, to Mr. Latch, was without Fraud or Deceit, and upon good and valuable Consideration; and that the Security in the Hands of Sir Tho. Dawes shall be made over to Mr. Latch and Mr. Jennings, paying to Sir Tho. Dawes such Monies as are truly due unto him.

And the Counsel of Mr. Jennings shall draw up the Decree in Form, according to this Sense, and present the same to this House.

Ordered, That this Order shall be binding against Sir Phillip Vernatt, if he come not in, (fn. 2) and shew Cause within Three Weeks.

Message from the H. C. for Examination touching the ill Usage of Prisoners at Oxford;

A Message was brought from the House of Commons, by Mr. Jepson:

1. To desire to know, whether their Lordships have taken the Informations of some Persons that have been Prisoners at Oxford, touching the ill Usage of themselves and others; and, if their Lordships have perfected them, to communicate them to the House of Commons; if they be not taken, they desire their Lordships will be pleased to expedite them.

to expedite the Ordinance for Treatment of Prisoners;

2. They desire their Lordships to expedite the Ordinance for regulating the Usage of Prisoners on both Sides.

and the Answer to the King's Message about the Adventurers-money for Ireland;

3. To expedite the Answer to the King's Message, for clearing and vindicating the Parliament from the Imputation reported of them, for misemploying the Money for Ireland.

and for Concurrence in some Orders.

4. To desire their Lordships Concurrence in several Orders:

1. Concerning Mr. Mosely, of Lancashire.
2. Concerning a Declaration touching Ireland.

The Order concerning Mr. Mosely was read, and Agreed to. (Here enter it.)

The Answer returned was:

Answer to the H. C.

That touching the Examination of the Witnesses concerning the ill Usage of the Prisoners at Oxford, their Lordships will examine them, and communicate the Examinations to the House of Commons.

That their Lordships will take into Consideration the Ordinance for regulating of Prisoners, and the Answer to the King concerning Ireland, and the Declaration concerning Ireland; but touching the Order concerning Mr. Mosely, their Lordships agree with them therein.

Report from the Committee concerning the Great Seal.

Next, the Earl of Holland reported from the Committee appointed to prepare Heads for a Conference with the House of Commons, concerning a new Great Seal, "That the Opinion of the Committee was, That the Votes of this House should be read at the Conference; and after, their Lordships Sense, as followeth:

"That the Parliament having, in all their Resolutions and Actions, gone upon the Power of their Ordinances, their Lordships conceive it will be proper to continue upon that Ground; that the making of a new Great Seal will not hinder or prevent the Use and Power of the King's Great Seal: If we find the Sealing of Original Writs, and Writs of Errors, be denied, we shall join with them, to take it into our Care, to do in this what shall be necessary, and (fn. 3) of Advantage to the Parliament, and the free Course of Justice, and the Laws of the Kingdom."

Message from the H. C. for a Conference about it.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire a Conference, concerning the Great Seal of England.

The Answer returned was:

Answer.

That the House of Commons (fn. 4) will give a present Conference, in the Painted Chamber, as is desired.

Moseley's Cause.

"It is this Day Ordered, by the Lords and Commons now assembled in Parliament, That the Name of Nicholas Mosley, of The Ancoates, in the County of Lancaster, shall be inserted into a former Ordinance, for the seizing of the Goods and Estates of Francis and Nic. Moseley, to the Intent that his Goods may be seized and employed according to the Intent of that Ordinance."

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

The Messengers sent to the House of Commons return with this Answer:

Answer from the H. C. about Mr. Ash.

That they agree in nominating of Mr. Ash of St. Bride's to be added, to be One of the Assembly.

Ordinance for correcting and regulating the Abuses of the Press.

"Whereas divers good Orders have been lately made, by both Houses of Parliament, for suppressing the great late Abuses, and frequent Disorders, in printing many false, forged, scandalous, seditious, libellous, and unlicensed Papers, Pamphlets, and Books, to the great Defamation of Religion and Government; which Orders (notwithstanding the Diligence of the Company of Stationers to put them in full Execution) have taken little or no Effect, by reason of the Bill in Preparation for Redress of the said Disorders having hitherto been retarded through the present Distractions; and very many, as well Stationers and Printers, as others of sundry other Professions, not free of the Stationers Company, have taken upon them to set up sundry private Printing Presses in Corners, and to print, vend, publish, and disperse, Books, Pamphlets, and Papers, in such Multitudes, that no Industry could be sufficient to discover, or bring to Punishment, all the several abounding Delinquents; and, by reason that divers of the Stationers Company, and others, being Delinquents (contrary to former Orders, and the constant Custom used among the said Company), have taken Liberty to print, vend, and publish, the most profitable vendible Copies of Books belonging to the said Company, and other Stationers, especially of such Agents as are employed in putting the said Orders in Execution, and that by Way of Revenge for giving Information against them to the Houses, for their Delinquency in Printing, to the great Prejudice of the said Company, Stationers, and Agents, and to their Discouragement in this Public Service: It is therefore Ordered, by the Lords and Commons in Parliament, That no Order or Declaration of both or either House of Parliament shall be printed by any, but by Order of One or both the said Houses; nor other Book, Pamphlet, or Paper, shall from henceforth be printed, bound, stitched, or put to Sale, by any Person or Persons whatsoever, unless the same be first approved of, and licensed under the Hands of such Person or Persons as both or either of the said Houses shall appoint for the Licensing of the same, and entered in the Register Book of the Company of Stationers, according to ancient Custom, and the Printer thereof to put his Name thereto; and that no Person or Persons shall hereafter print, or cause to be re-printed, any Book or Books, or Part of Book or Books, heretofore allowed of and granted to the said Company of Stationers, for their Relief, and Maintenance of their Poor, without the Licence or Consent of the Master, Wardens, and Assistants of the said Company; nor any Book or Books lawfully licensed, and entered in the Register of the said Company for any particular Member thereof, without the Licence and Consent of the Owner or Owners thereof; nor yet import any such Book or Books, or Part of Book or Books, formerly printed here, from beyond the Seas, upon Pain of forfeiting the same to (fn. 5) the respective Owner or Owners of the Copies of the said Books, and such further Punishment as shall be thought fit; and the Master and Wardens of the said Company, the Gentleman Usher of the House of Peers, the Serjeant of the Commons House, and their Deputies, together with the Persons formerly appointed by the Committee of the House of Commons for Examinations, are hereby authorized and required, from Time to Time, to make diligent Search, in all Places where they shall think meet, for all unlicensed Printing Presses, and all Presses any Way employed in the Printing of scandalous or unlicensed Papers, Pamphlets, Books, or any Copies of Books, belonging to the said Company, or any Member thereof, without their Approbation and Consents; and to seize and carry away such Printing Presses, Letters, together with the Nut, Spindle, and other Materials, of every such irregular Printer, which they find so misemployed, unto the Common Hall of the said Company, there to be defaced and made unserviceable, according to ancient Custom; and likewise to make diligent Search, in all suspected Printing-houses, Warehouses, Shops, and other Places, for such scandalous and unlicensed Books, Papers, Pamphlets, and all other Books, not entered nor signed with the Printer's Name as aforesaid, being printed or reprinted by such as have no lawful Interest in them, or any Way contrary to this Order; and the same to seize and carry away to the said Common Hall, there to remain till both or either House of Parliament shall dispose thereof; and likewise to apprehend all Authors, Printers, and other Persons whatsoever, employed in compiling, printing, stiching, binding, publishing, and dispersing, of the said scandalous, unlicensed, and unwarrantable Papers, Books, and Pamphlets, as aforesaid, and all those who shall resist the said Parties in searching after them; and to bring them before either of the Houses, or the Committee of Examinations, that so they may receive such further Punishments as their Offences shall demerit; and not to be released until they have given Satisfaction to the Parties employed in their Apprehension, for their Pains and Charges, and giving sufficient Caution not to offend in like Sort for the future; and all Justices of the Peace, Captains, Constables, and other Officers, are hereby Ordered and Required to be aiding and assisting to the aforesaid Persons, in the due Execution of all and singular the Premises, in the Apprehension of all Offenders against the same; and, in case of Opposition, to break open Doors and Locks: And it is further Ordered, That this Order be forthwith printed and published, to the End that Notice may be taken thereof, and all Contemners of it left unexcuseable."